The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-11-24

Jane Terun, A. y. 1887.

Jane Tern, A. =. 1887.
The State of Florida "a ri. P. McQuaid ct A.,
Plaintiff, vs. County Commissioners Of Duval
County, Observation-Disclosures.
RANEY, j.:
/. Special or local legislation as to cities and
towns under section 6, Of Article 8, Of the Con-
sti,u,on, is not controlled by the proviso TO
ton 81, of Article g. but may be enacted at any
session of the Legislature, and without the no
tee required by such proviso.
O. The Lieutenant Governors Office, "a It ex-
listed under the Constitution Of 1858 is continued
by the present Constitution for AT least the bal
snce of the term of such Office, and he was au
thorizcd to preside over the Senate, al its session
in 1887.
g. When an act establishes municipality COW
ering territory occupied by two existing munich.
p.liiies and by a part Of a third municipality and
the title Is an act to establish the new municipal
ity (stating its name) and to provide for its gov
eminent and prescribe Its jurisdiction and pow
ers. a repeal of the existing charters is matter
properly connected with the subject expr sscd
in the title Of the act, within the meaning of Sec
ton 16, of Article 8, Of the Constitution.
4 Where the title of an act designates ii as
one amending another act. hut such act, in fact,
amends only one section of the latter statute the
title is sufficient under section 49, of Article g. of
the Constitution.
y.
amendatOry act that expressly profess to amend
one section of another statute, does not affect the
validity of such amendatOry sections. Though
inartifcial legislation, it but substitutes matter
in the form of two sections for matter in the form
of one section.
g. Where section, expressly amendatory of
another section of statute purpOrts to set out
in full all it is intended to contain any matter
which was in the original section, but is not in
the amendatOry section, is repealed by the omis
sion.
Motion to quash alternative writ granted.
Fl. Bsbee. Louis l. Fleming and Fletcher &
Wurts, for Plaintiff; Hartridge & Young, for
Defendants.
The State of Florida er rel. The Attorney Gene
raj of The State, Relator, vs. William II. H.
George, Observation-Disclosures.
MAXWELL, G. j.:
l. When the government Of city or town is
controlled by the general municipal ncorpora-
ton act neither six months residence nor regis
tration is requisite to eligibility TO office in such
city or town.
@ 1t is apparent from the proceedings Of the
Convention which framed our present Constiu-
ton, that it was not intended to make the quail
fcatiOns of officers, other than the Governor and
members and Senators of the Legislature, de-
pendent on the qualifications for voters.
8. The requisite qualifications for electors do
rot nec ssar,ly apply to officers in the absence OF
any constitutional or statutory provision to that
effect.
Demurrer sustained.
D. s. Walker, Jr., for RclatOr; Arthur &. Ham
| lin, for Respondent
| Henry Mann, Plaintiff in Error, vs.. The State of
| Florida, Defendant in Error-Leon County.
| MAXWELL, G. j.:
| 1. A juror rendered and accepted, but not
| sworn. may be challenged as well by the State
| as by tine prisoner.
| 2. A question to witness is not Objectionable,
| because general in its terms the court having
authority to restrain or cOrreci the witness when
| he goes beyond the bounds Of legal evidence.
| g. II is not error to allow question In respect
to supervision of prisoners duties, which does
not necessarily imply.imputation upon his char
| acter.
a. The opinion of a witness, except in expert
| testimony, is not legitimate evidence as to any
| matter that may be reproduced before the jury
by witness it being the province OF the jury to
| form their own opinion on facts of common ex-
perience, unnfuenced by the opinion of any
witness on those facis-especially where such
| opinion is sought on facts given in the tesii
| mnny Of another witness
| 5 A trial on indictment for murder cOnvic-
| ton and recommendation by the jury to mercy
| and appeal new trial ordered, mol pros
| entered, and a new indictment for the same Of
| fence. Conviction under the new Indictment
|
in arrest OF judgment, on The ground that the
former verdict was acquittal of murder IN the
| first degree, and the prisoner could not be again
| tried for that offence Held, LIST. That the ques-
| IIOn not having been presented IN the peadings
| or evidence, was not properly before the court :;
but I'd, That such state of facts did not bring the
case within the rule which prohibits trial for
| higher grade Of offence than that found on con-
| victiOn in a former trial.
Reversed and remanded for new trial
John s. Beard. for Plaintiff in Error: Attor
ney General, for Defendant in Error
| Appellant, vs. Israel Rice, Appelee-Suwan-
nee County
| MAXWELL G. j.:
| l. Prior to recent legislation owners of live
stock were entitled TO damages for the killing of
| same by railroad train, when the operators of
the train failed to exercise watchful and reason
| able care to avoid the killing; but where such
| care was used and The killing unavoidable the
| company is not Tablets liability not arising
| except from negligence.
2. A railroad track straight for long distance
| and mule first seen one side of il when The
| train was two hundred yards of, his head turned
| from the track, the alarm whistle then blown
| and brakes put on, but when the train running
| ten or twelve miles an hour got within two hun
dred feet of the mule he turned to cross the
road, whereupon the engine was reversed, but
did not check the train sufficiently to prevent
striking the mule as he was going down on the
other side: Held, not case Of negligence. Hitter,
if the mule had been on the track when fret
seen.
Reversed and remanded for new trial.
B. B. Blackwell, for Appellant; J. s. White,
for Appellee.